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HomeMy WebLinkAboutO-2003-030 Amending Chapter 28 Zoning Section 6.21 Off street parking ORDINANCE NO. 2003-030 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO PARKING; AMENDING CHAPTER 28, "ZONING", OF THE CITY CODE OF ORDINANCES BY AMENDING ARTICLE VI. "SUPPLEMENTARY USE REGULATIONS," SECTION 6.21 "OFF- STREET PARKING" TO REVISE THE PARKING STANDARDS APPLICABLE TO USES WITHIN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 28 "Zoning," Sections 6.21 and 6.22 of the Code of Ordinances of the City of Dania Beach (the "City") provide for off-street parking and loading standards for all uses within the City; and WHEREAS, the City's Planning and Zoning Advisory Board, sitting as the local planning agency, has reviewed this Ordinance and recommended its approval to the City Commission; and WHEREAS, the City Commission has determined that it is appropriate to revise these standards based on the recommendation of its professional staff; and WHEREAS, the Commission finds that this Ordinance is consistent with the City's adopted Comprehensive Plan and necessary for the preservation of the public health, safety and welfare of the City's residents; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That Chapter 28 "Zoning" of the Code of Ordinances of the City of Dania .Beach, Florida ("Chapter 28"), Article VI. "Supplementary Use Regulations," Section 6.21 "Off-Street Parking," is amended to read as follows: CHAPTER 28. ZONING ARTICLE VI. SUPPLEMENTARY USE REGULATIONS. 6.21. OFF-STREET PARKING. O ® 0 (e) M Parking for outdoor restaurant seating on private property in the Redevelopment District. Additional parking shall not be required for any restaurant use for which outdoor or open-air seating has been specifically approved by the city commission. (2) Parking for outdoor restaurant seating on private property not located in Redevelopment District. Additional parking shall not be required for any 1 ORDINANCE NO: 2003-030 • restaurant/cafe use for which outdoor or open-air seating has been specifically approved by the City Commission and which meets the following criteria. 1. The restaurant shall be located on a principal arterial roadway defined in Section 6.64 of the Zoning Code. 2. The outdoor seating area shall be accessory and subordinate to a fully enclosed restaurant containing at least 1,500 square feet of gross floor area. 3. The outdoor seating area shall not exceed 20% of the gross floor area of the restaurant or 300 square feet, whichever is less. 4. The restaurant shall comply with all ADA, Building Code and Fire Department requirements. 5. Outdoor seating shall not be permitted in landscape, parking or loading areas, and shall not be located in the public right-of-way. © 0 0 0) Use of Off-Street Parking Areas: Off-street parking areas shall be used only for the parking of passenger automobiles, sport utility vehicles, pickup trucks and passenger vans containing two or less axles and not exceeding twenty (20) feet in length. All other vehicles: 1. Shall be permitted only on a short-term temporary basis for loading, . unloading or delivery; and 2. Shall not be permitted to be parked overnight except in specifically designated truck, bus or trailer parking areas shown on an approved site plan. (+1) Principle of Equivalency for Evaluating Off-Street Parking in Existing Uses. 0 0 0 SCHEDULE OF OFF-STREET PARKING REQUIREMENTS CITY OF DANIA BEACH, FLORIDA 0 ® m 2 ORDINANCE NO: 2003-030 . 5. Townhouse, row house dwellings Two point two (2.2) spaces per each dwelling unit. 2.3 spaces per each dwelling unit if no garage is provided. At least two (2) exterior parking spaces shall be reserved exclusively for each townhouse unit. 6. Boardinghouse One point five (1.5) spaces per each room or each dwelling unit plus two 2) spaces per permanent residence. m ® o 20. Restaurants (including carry-out One (1) space per each forty (40) restaurants), nightclubs, bars and square feet of customer service other eating places, amusern area including waiting area. G8Rter or aFGado Restaurants, nightclubs, and bars providing live entertainment shall provide one (1) parking space per each thirty (30) square feet of customer service area. 21. Fast food or drive through One (1) space per each thirty (30) • restaurants square feet of customer service area, plus one LI) space for each two (2) outdoor seats, plus o'er eight 8 in-bound vehicle stacking spaces and eee (4) two 2 outbound vehicle stacking spaces for the drive-through window. 0 31. Tennis courts, racquetball Two (2) spaces per court. courts, and handball courts, or other sport courts (except for any athletic courts which are accessory to multi- family development and memberships consist only of residents of the multiple-family development 32. Miniature golf, batting cage Two (2) spaces per hole plus two (2) spaces for each target position plus two 0 spaces for employees. o ® a • 35. Indoor amusement center or One (1) space per each thirty (30) arcade square feet of customer service area including waiting area. 3 ORDINANCE NO: 2003-030 0 0 0 Private Garages may not be used to satisfy the parking requirements for any single family, duplex, triplex, townhouse, rowhouse, apartment unit, or boardinghouse use. Two-car private garages (townhouse, single family, zero-lot line) shall have an interior unobstructed area measuring at least twenty (20) feet by twenty (20) feet. Single car garages shall have an interior unobstructed area measuring at least eleven (11) feet by twenty (20) feet. 0h) Location of required parking spaces. Parking spaces for all uses or structures which are provided as required parking in conformance with the schedule of off-street parking and other applicable provisions shall be located on the same lot and in the same zoning district as the principal use or structure they are intended to serve., provided however exempt the city commission may permit the establishment of required parking facilities on off-site properties as a variance if all of the following criteria are met: 0 0 5. The owner shall agree to bear the expense of recording the agreement and must afire concur that the agreement shall bind any heirs, successors and assigns. The written agreement shall be • terminated by the city if other off-street facilities are provided which meet the requirements of this chapter. 0 0 0 (-kI) Utilization of yards. Providing the ground level at the lowest point of the public sidewalk abutting the property, or the public street if there is no public sidewalk, is maintained, required off-street parking facilities may be located in sub-basement under required yards. Roofs of such sub-basements shall be sodded, landscaped, and maintained, and there shall be no visible evidence of such underground use from a public street or sidewalk. No such underground facility shall be constructed closer than five (5) feet to any property line. (Im) Parking in setback areas 0 ® 0 (nin) Approval of plan. The plan for ingress and egress to and from the off- street parking and landscaping shall be subject to the approval of the growth management director and public works/utilities director of the city. No curbs or sidewalks shall be cut or altered in any manner without the approval of the utilities/public works director of the city. • (Ro) Utilization of structures. The city commission may permit required or supplemental off-street parking to be provided in parking structures as a variance, subject to the following conditions: 4 ORDINANCE NO: 2003-030 a ® 0 • (8) No column shall be located within three (3) feet of the entrance of a parking space. (9) The minimum required width of parking spaces which are adjacent to a wall, column or other solid obstruction shall be eleven (11) feet. (10) Minimum ramp angles for driveway access to above grade or below grade parking shall be subject to the approval of the Director of Public Services, the City Traffic Engineering consultant or both. Section 5. That except as amended above, all other provisions of Chapter 28 of the Code of Ordinances of the City of Dania Beach, Florida, shall remain in full force and effect. Section 6. That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict with this ordinance are repealed to the extent of such conflict. Section 7. That if any section, clause, sentence or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. • Section 8. That this ordinance shall take effect immediately at the time of its passage and adoption. PASSED on first reading on August 12, 2003. PASSED AND ADOPTED on second reading o August 26, 2003. A B B ANION MAYOR — COMMISSIONER ATTEST: ROLL CALL: COMMISSIONER CHUNN - YES �,kAD&A� COMMISSIONER FLURY -YES CHARLENE JOH'NSON COMMISSIONER MIKES - YES CITY CLERK "-J VICE-MAYOR MCELYEA - YES MAYOR ANTON- YES APPROVED AS T),6 FORM AND CORRECTNESS: • BY: THPIMA8rJ. ANSBRO CITY ATTORNEY 5 ORDINANCE NO: 2003-030 CITY OF DANIA BEACH NOTICE OF PUBLIC HEARING The City Commission of the City of Dania Beach proposes to adopt the following ordinance: Date: Tuesday, August 26, 2003 Time: 7:00 p.m., or as soon thereafter as possible Place: City Commission Room . Dania Beach Administrative Center 100 West Dania Beach Blvd. Dania Beach, Florida 33004 TX-49-03 - AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA AMENDING CHAPTER 28, "ZONING", OF THE CITY CODE OF ORDINANCES BY AMENDING ARTICLE VI. "SUPPLEMENTARY USE REGULATIONS," SECTION 6.21 "OFF-STREET PARKING" TO REVISE THE PARKING STANDARDS APPLICABLE TO USES WITHIN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. This ordinance affects properties throughout the city. For information about or to inspect the proposed amendments, contact the City's Community Development Department, 100 West Dania Beach Blvd., Dania Beach, Florida, (954) 924-3645 between the hours of 8:00 a.m. and 4:00 p.m., Monday - Friday. Interested parties may appear at the public hearing and be heard with respect to the proposed amendments In accordance with the Americans With Disabilities Act, persons needing assistance to participate in any of these proceedings should contact Charlene Johnson, City Clerk, 100 W. Dania Beach Blvd, Dania • Beach, FL 33004, (954)924-3622, at least 48 hours prior to meeting. Any person who decides to appeal any decision made by the Dania Beach City Commission with regard to any matter considered at this meeting or hearing will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to based. Lou Ann Cunningham Planning Associate Publish: Friday,August 15, 2003 • AGENDA REQUEST FORM CITY OF DANIA BEACH ddP AGENDA ITEM NO. 7* e- 1. DATE OF COMMISSION MEETING: AUGUST 26, 2003 2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING -ORDINANCE 2ND READING 3. COMMISSION ACTION BEING REQUESTED: ADOPT ORDINANCE—2ND READING 4. SUMMARY EXPLANATION &BACKGROUND: PARKING REGULATIONS—AMENDMENT ORDINANCE ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Staff Report Ordinance Hearing Notice 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $ • 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: Planning and Zoning Advisory Board recommended approved this request at their July 16, 2003 regular meeting Submitted by: Laurence G. Leeds, AICP, Director Date August 18, 2003 Community Development Department City Manager Date • CITY OF DANIA BEACH i DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT DATE: August 26, 2003 TO: Ivan Pato, City Manager VIA: Laurence Leeds, AICP, Director RE: Amendments to the Parking Code (SECOND READING) APPLICANT: Department of Community Development The attached ordinance includes additional amendments to the parking. New language is underlined. Deleted language is str ek thFeugh The changes may be summarized accordingly: 1. New language to specifically prohibit overnight parking of trucks, trailers, and buses in parking lots except in designated spaces. . 2. New language to require at least two (2) exterior reserved parking spaces for each townhouse unit (The current parking code does not require that any parking in a townhouse development be assigned). 3. New language to require that two-car private garages (single family, zero-lot line, and townhouses) have an interior unobstructed area measuring at least 20 feet by 20 feet. Single car garages shall be at least 11 feet by 20 feet (The current parking code does not have a minimum interior dimension requirement for garage). 4. New language regulating accessory outdoor restaurant seating both within the Downtown Redevelopment District and the remainder of the city. 5. Amendments to parking requirements for indoor amusement centers, arcades, and fast food restaurants. 6. New language providing additional requirements for parking structures. PLANNING AND ZONING ADVISORY BOARD RECOMMENDATION ® Approval.